(a) The death in this state of a child 12 months old or younger shall be immediately reported to the justice of the peace, medical examiner, or other proper official as prescribed by law if the child dies suddenly or is found dead and if the cause of death is unknown.
(b) The justice of the peace or medical examiner shall inform the child’s legal guardian or parents that an autopsy shall be performed on the child. The state shall reimburse a county $500 for the cost of the autopsy if the primary cause of death of the child is sudden infant death syndrome. The executive commissioner shall adopt rules that:
(1) define sudden infant death syndrome; and
(2) describe the method for obtaining reimbursement for the cost of an autopsy.

Terms Used In Texas Health and Safety Code 673.002

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011

(c) Reimbursement required by Subsection (b) is subject to the availability of funds.
(d) After the autopsy is completed, the child’s parents or legal guardian shall be notified of the autopsy results.
(e) This section does not affect the duties of the justice of the peace or medical examiner prescribed by other laws.

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